Victorian Consolidated Legislation

Project Development and Construction Management Act 1994 - SECT 23

Powers relating to roads

23. Powers relating to roads



(1) For the purposes of a nominated project, the responsible Minister or a
facilitating agency may-

   (a)  construct, realign, relocate, open or close any road; and

   (b)  carry out or operate works or facilities associated with its powers
        under paragraph (a).

(2) Before making a decision to close, realign or relocate a road, the
responsible Minister or facilitating agency must ensure that provision is made
with respect to pipes, wires, apparatus, sewers, drains, tunnels, conduits,
poles, posts and fixtures lawfully on over under or across the road or part of
the road.

(3) If the responsible Minister or a facilitating agency makes a decision to
close, realign or relocate a road, the responsible Minister or facilitating
agency must make provision for the payment of compensation to-

   (a)  any person in whom the land comprised in the road or part of the road
        is vested; and

   (b)  any owner of property which in the opinion of the responsible Minister
        or the facilitating agency, as the case requires, is likely to be
        substantially affected by that closure, realignment or relocation.

(4) The responsible Minister may certify that, having regard to the extent to
which any person referred to in subsection (3)(a) or (b) is or is likely to be
affected by the closure, realignment or relocation of a road, the compensation
payable to that person under subsection (3) should not exceed the amount
stated in the certificate (not being more than $400).

(5) If the responsible Minister so certifies under subsection (4), the amount
stated in the certificate in respect of that person shall be the full amount
payable to him or her under subsection (3) by the responsible Minister or the
facilitating agency, as the case requires, by way of compensation.

(6) If the responsible Minister is satisfied that a person who might be
entitled to compensation under subsection (3) cannot be found, the Minister
may direct that no provision, or such provision as the responsible Minister
specifies, shall be made for payment of compensation to that person.





(7) If subsection (5) or (6) does not apply, the compensation payable to a
person under subsection (3) shall be-

   (a)  the amount agreed between the responsible Minister or the facilitating
        agency, as the case requires, and the person; or

   (b)  if agreement is not reached, the amount determined as if the amount of
        compensation payable were a disputed claim under Part 10 of the Land
        Acquisition and Compensation Act 1976.

(8) The Governor in Council may by order published in the Government Gazette
provide for-

   (a)  any vesting or divesting of lands;

   (b)  any amendments to any land descriptions in any Act or subordinate
        instrument-

necessary because of the exercise by the responsible Minister or facilitating
agency of its powers under subsection (1).